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Minor who lost PR status because of parent's decisions

jignesh72

Full Member
Sep 28, 2017
33
0
hi!,
i was once pr for Canada have left Canada since my parents were not leaving there.my pr card expired in 2013.now i am 17 year old. i want to join Canadian university for higher education.

If I apply for a study permit, I will have to pay International fees.

Is there anyway, I can renew my PR status considering that I was forced to leave? Or will I have to go by the International student route?

Some people tell me that as I was a minor there is a high chance that they will grant me a new PR as it wasn't my decision. I personally know somebody who has been successful in a similar case but for the US.
do i apply for travelling document now on h& c ground as i was removed by my parents as minor?
please guide.
thank you.
 
R

rish888

Guest
Hey,

Your PR status is not expired. Only the card is expired. PR status never expires. You are still a PR.

If you apply for a study permit it will be denied because you are still a PR.

Your only option (actually not your only option, but the option most would recommend) is to apply for a Travel document on H&C grounds. (being removed as a minor) Application for a travel document in your circumstances has an excellent chance of approval.

Once you get a travel document you can go back to Canada as a full PR.
 
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canindian108

Member
Sep 29, 2017
12
1
I was in the same situation but was given a Study Permit! Now I am trying to apply for my new PR and the old one is showing up on their system after all these years.
 
R

rish888

Guest
I was in the same situation but was given a Study Permit! Now I am trying to apply for my new PR and the old one is showing up on their system after all these years.
@canindian108
Which embassy gave you a study permit? That should technically be impossible. The embassy probably messed up, royally.

Just apply for a new PR card. Have you lived over 2 years in Canada? Because if you have you are back in compliance with your residency obligation, so no need for a new PR. Just apply for a PR card. (As you are still a PR.)

Btw, when you say the "old one" is showing up in the system, what do you mean? There is no "old one." You were, and always have been, a Permanent resident of Canada. Any application for Permanent Residence will be denied. (As you were a permanent resident all along.) What you need to do is apply for a new PR card. (Applying for the card is different to applying for PR.)
 
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canindian108

Member
Sep 29, 2017
12
1
I got my Study permit from Dubai embassy. I have lived in Canada for the last 8 years; so technically complied with everything PR, Citizenship. If I would have found out when applying for study permit wouldve saved me hundreds of thousands of $.

I started a thread on this here http://www.canadavisa.com/canada-immigration-discussion-board/threads/new-pr-application-being-held-due-to-records-showing-old-pr.520224/ pasting text below.

Hello all,

Just seeking any insights and advice on my following unique situation.

In 2002 (when I was 10), my parents applied for PR but never ended up staying here.

FAST FORWARD 2009
I end up coming to study in Canada as an international student and I am granted a Study Permit and once finishing my degree, a 3 year work permit. I have been in Canada ever since.

FAST FORWARD 2016
I apply for PR thru express entry, obtain OINP, and submit all documents required. Now I hear back saying that the records indicate that you became a PR of Canada in 2002. Now I have been given two option

  • Request a formal determination of your status by submitting a complete application for a Permanent Resident Travel Document
  • Voluntarily give up (renounce) your permanent resident status by submitting anApplication to Voluntarily Renounce Your Permanent Resident Status

I am going thru on the first option. Just wondering if anyone has any experience, ideas of whats going on?, comments etc would be appreciated.
 
R

rish888

Guest
@canindian108

Follow this 3 step process:

1: Don't leave Canada for the time being.

2: Apply for a PR card.

3: Apply for citizenship.

The embassy royally f*cked up by giving a PR a study permit. Then CIC royally f*cked up by giving a PR a PGWP. However, at the end of this all you are now in compliance with all your obligations, which is a good thing.
 

canindian108

Member
Sep 29, 2017
12
1
@canindian108

Follow this 3 step process:

1: Don't leave Canada for the time being.

2: Apply for a PR card.

3: Apply for citizenship.

The embassy royally f*cked up by giving a PR a study permit. Then CIC royally f*cked up by giving a PR a PGWP. However, at the end of this all you are now in compliance with all your obligations, which is a good thing.
Will do! THANK YOU!
 

jignesh72

Full Member
Sep 28, 2017
33
0
@Rish 888
Thanks for your reply.can you please guide me i should apply PRTD before attending age of 18 or after? if i get travelling document do i have to wait for 2 more year to apply pr card?which is the best option to enter through us land border or to apply travelling document?
Thnaks.
 

Buletruck

VIP Member
May 18, 2015
6,878
2,711
Apply for the PRTD under H&C if you are around 18. It's highly likely to be approved. That will allow you to apply immediately for a PR card once in Canada, along with s SIN, healthcare and a number of other things you couldn't do if you come through the US border and wait out the 2year RO. t
 
R

rish888

Guest
@jignesh72

Let me start of by saying that some here on this forum will find my opinion controversial. Most of the members here on the forum have far, far more experience than me. The opinion I offer is exactly that, it is an opinion. It is not based on any professional knowledge or experience, it is simply my opinion based on my view of things. And as I said, the other members of this forum have way more experience than me, so I would take that fact into consideration when deciding which option to use.

As to your question on land border vs PRTD.

Firstly, applying for a PRTD should work. But the land border should work too.

When determining which option to use, as yourself these questions:

1: Do you have your original record of landing?

2: Do you have a SIN number?

3: Are you willing to stay in Canada for 2 years without being able to leave even once?

If you answered yes to all the questions, then you can consider the land border option. If the answer to one of the above questions was no, then unfortunately applying for a PRTD is the only feasible option.

Here is my view on which option is better.

Approval Rates: PRTD vs Land Border.

A PRTD has a high chance of approval. High is different to guaranteed. There have been cases where people in your situation have had their travel document denied. It is rare, but it does happen.

Going in at the land border also has very high chances. What I like about the land border is that you get to make a physical plea. Further more, at the land border you are guaranteed entry. Even if the officers begin the process to revoke your PR, you can still enter Canada by right and live during your appeal.

Having said the above, let me say this. From all the research I have done, there has never been a case where a minor (under 18) has showed up at the land border alone (without parents) and been issued a Departure Order. (The document which starts the process to terminate your PR.)

I believe the reason for this is that there is a difference in regulation concerning dealing with minor Permanent Residents. While for an adult, the officer at the land border can start the process to terminate your PR, if you are a minor, the officer cannot do that. They must refer you to the Immigration Division. (kinda like a legal hearing)

Only the Immigration Division can terminate your PR. (But as I mentioned above you have appeal rights, which can take years, and during the appeal you have the full rights of a PR.)

Because of these reasons, while as already mentioned chances of success with a PRTD are high, I believe chances are the land border are higher.

However, in exchange for receiving the slightly higher odds at the land border, what you trade is the ability to travel out of Canada for at least 2 years.

This means that even if there is a family emergency or something of that sort you cannot leave Canada without putting your PR status in jeopardy. You must make a personal choice on whether the marginally higher odds at the land border are worth not leaving Canada for 2 years.

Also, if you elect to go the land border route, you will not be able to renew your PR card for 2 years. Assuming you have your original record of landing and your SIN card, this shouldn't be an issue.

Another benefit of the land border is you get to save the PRTD processing costs and also don't need to deal with the processing time. (Which can take months in some cases.)

Should you elect to take the land border route, for maximum chances make your move to Canada before you turn 18, even if it's only a few days or even 1 day before your 18th birthday.

To clarify, and I cannot stress this with enough importance, while the land border offers higher chances, it is only by a very, very slim margin. For the slim increase in chances, you are accepting no travel for 2 years.

Is this a fair trade? That is your choice.

If are wondering what I would do, I would go via the land border. But that is just me. I t doesn't mean it is better, it is just what I would do.

Best of Luck!
 

jignesh72

Full Member
Sep 28, 2017
33
0
Rish888,
i appreciate your quick reply.
please check answer in red
When determining which option to use, as yourself these questions:

1: Do you have your original record of landing? yes
2: Do you have a SIN number? yes
3: Are you willing to stay in Canada for 2 years without being able to leave even once?
will i be able to allow to study as domestic resident?as i will not have valid pr card for two years.
also please tell me i should apply PRTD after reaching 18 year or before 18.
once again thanks,
will appreciate if i can get email add.

 
R

rish888

Guest
@jignesh72

Which university? With your original record of landing most major universities will accept that as proof of Permanent Residence for domestic tuition purposes. If you tell me which university you have been accepted to I can give your more info.

Which province are you going to btw?

If you are applying for a PRTD, apply asap. (Put the date of travel as your 18th birthday.)

If you are taking the land route, as I said above, go a couple of days before you turn 18.
 

jignesh72

Full Member
Sep 28, 2017
33
0
dear rishi,
i can see some previous thread from you that you are having similar problem of pr renewal.
can you share me your experience ? have you got pr td on h& c ground?how many days it took?
 

jignesh72

Full Member
Sep 28, 2017
33
0
[
@jignesh72

Which university? With your original record of landing most major universities will accept that as proof of Permanent Residence for domestic tuition purposes. If you tell me which university you have been accepted to I can give your more info.

Which province are you going to btw?

If you are applying for a PRTD, apply asap. (Put the date of travel as your 18th birthday.)

If you are taking the land route, as I said above, go a couple of days before you turn 18.
dear rishi,
can you share me your experience of application of prtd on h&c ground.
 
R

rish888

Guest
As said above, I decided against the PRTD route.

I have not yet made my move to Canada as I am still in high school, so can't give you first hand experience of the land border.

Don't know how a PRTD would work, but as I mentioned above, my personal opinions remains to choose the land border if you can accept not leaving for 2 years.